Swati Srivastava v. Vaibhav Kumar Srivastava
Case at a glance
Provisions considered
Key paragraphs
- Para 77. Two weeks' time, thereafter is granted to the applicant for filing rejoinder affidavit.
Judgment
Applicant :- Swati Srivastava Opposite Party :- Vaibhav Kumar Srivastava Son Of Virendra Bahadur Counsel for Applicant :- Sharad Kumar Srivastava Hon'ble Kshitij Shailendra,J.
#1. Heard learned counsel for the applicant.
#2. The present application has been filed seeking transfer of Matrimonial Case No. 576 of 2024 (Vaibhav Kumar Srivastava vs. Swati Srivastava), under Section 9 of Hindu Marriage Act, from the court of Principal Judge, Family Court, Prayagraj to the competent court at Fatehpur.
#3. The transfer has been sought citing inconvenience of the applicant.
#4. In view of the decisions of Supreme Court in the cases of Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176, Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, Fatema v. Jafri Syed Husain (Parvez), AIR 2009 SC 1773, Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356, prima facie case for indulgence is made out.
#5. Issue notice to the opposite party(ies). Steps be taken by ordinary post as well as by registered speed post within ten days. In case, steps are not taken, the case shall be listed under Chapter XII Rule 4 of the High Court Rules.
#6. Four weeks' time is granted to the opposite party(ies) for filing counter affidavit.
#7. Two weeks' time, thereafter is granted to the applicant for filing rejoinder affidavit.
#8. Till the next date of listing, further proceedings of aforesaid case shall remain stayed.
#9. List this case in January, 2025 before appropriate Bench. Order Date :- 15.10.2024 Sazia
Questions this judgment answers
Which statutory provisions did this judgment involve?
Hindu Marriage Act, 1955 — s. 9.
Which court decided this case, and when?
Supreme Court of India, on 15 Oct 2024. The bench was KSHITI.
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